Author

Morgunov S.V., Shatilovich S.N.

Title of article

The algorithm for delineation of elements of unlawful acts against the procedure of migration registration (article 19.27 of the RF Code of administrative offences and article 322.3 of the RF Criminal Code)

Section                     

Section 6. Law enforcement policy

Issue, year

1 (35) 2016

Abstract

The algorithm for delineation of elements of unlawful acts against the procedure of migration registration is presented. It allows to solve the problem of qualification when delineating the similar elements of administrative and legal phenomenon – providing false information for migration registration, and criminal and legal phenomenon – fictitious registration of foreign citizen or stateless person at the place of residence in the RF, provided by article 19.27 of the RF Code of Administrative Offences and article 322.3 of the RF Criminal Code. The algorithm is based on comparing the public danger of administrative offence and criminal act, allowing to find the differences between their elements (object, objective side, subject, subjective side). According to the object of encroachment, administrative law protects two types of migration control (registration of foreign citizens at the place of residence and at the place of stay), criminal law protects only one type (registration of foreign citizens at the place of stay). The objective side was compared on qualitative criterion – the nature of manifestation of the way of encroachment. The quantitative criterion: harmfulness of the offence affected the legal status of foreign citizen or stateless person; harmfulness of crime reflected in growing criminal activities of the host country (both in time and by involving increasing number of foreign citizens or stateless persons in the sphere of illegal migration). The subjects of the offence are often foreign citizens or stateless persons, the subjects of crime are the RF citizens. According to the subjective side, the delineation is based on temporal conditionality of intent, motive and purpose.

Keywords

qualification; delineation of elements of crime; elements of unlawful acts; migration registration; public danger; object; objective side; subject; subjective side.